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12 March 2024

The rights and obligations of the works promoter

If you commission building work, the law makes you directly responsible for what happens on it. What to demand from your contractor to avoid risk.

Every building job carries risks that, without basic precautions, can turn into serious problems. Whoever commissions the work — the promoter — should know those risks, their rights and their obligations. A detailed quote is the first defence against omissions, lower quality than agreed or abandoned work.

What the law says

Spain’s Law 32/2006 regulating subcontracting in construction makes the promoter directly responsible for problems arising on the job and, jointly with the contractor, for penalties caused by the contractor’s irregularities. Execution lies mainly with contractor and designer, but you share liability.

What to demand from your contractor

  • Social Security registration for all workers. Penalties can reach €6,250 per worker in an irregular situation.
  • Occupational risk prevention: trained workers with proof of courses, and an in-house or external prevention service. Check that the company is REA-registered.
  • Certificates showing no tax or Social Security debts, for contractor and subcontractors, at the start and end of the works. If a debt arises during the job, you must withhold payment.
  • Civil liability insurance. If the contractor has none, the promoter should take out an additional policy.

How we handle it at Red Reformas

We are REA-accredited under number 12/28/0115178, hold €300,000 per-claim liability insurance and hand you every certificate before we start. This article is guidance only and does not replace legal advice.

Contact

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Fill in the form and within two hours a member of our team will contact you. Fixed-price quote, no obligation.

We reply within 2 hours. You can also call +34 91 141 01 17.

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